The sale of a rented home is something that usually generates certain doubts among landlords and tenants. Can the owner sell the home while the tenant lives there? ¿The tenant must abandon it? And it must be clear that the law does not prevent the owner from selling a home that is already rented, even if the lease contract is long-term.
This was explained by the lawyer specialized in leasing, Alberto Sánchez, who through his social media account LegalMente has clarified that “an owner can sell a home even if he has a long-term rental. That doesn’t matter.” And furthermore, “you can start the sale procedures the next day, if you want, after having signed the rental contract,” says the expert.
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However, it warns that the sale does not mean that the tenant has to abandon the home, since the Urban Leases Law (LAU) protects their rights. Specifically, article 14 establishes that, even if the home changes ownership, the new buyer must respect the current contract for a minimum of five years, or seven if the previous owner was a company.
The tenant is not obliged to let anyone into the house
Another common question among tenants when the landlord wants to sell the home is If they should accept visits from future buyerss, real estate agencies or any third party.
The lawyer reminds that while the contract is in force, the rented home is the tenant’s home and no one can enter without their consent, neither the owner nor potential buyers.
“The rented home is your home and you don’t have to let anyone pass if you don’t want to, the owner, future buyers, the real estate agency. No one has to pass.”
The tenant has to leave the home if the new owner wants it for his personal use
Although the owner has the right to have his contract remain in force if the rented home is sold, there is one case in which he will have to abandon it, and that is if the new owner wants to use the property as his habitual residence.
This is included in the LAU, but for the owner to be able to recover the home for personal use, it is necessary for the rental contract to include a clause indicating this in the rental contract, as confirmed on the Ministry of Housing website.
In short, according to Sánchez, “the new owner, if he wants to use the house as his home, can kick you out. Not the owner who wants to sell, selling is not a reason to kick you out.”